Exam Flashcards
What is an embedded democracy ?
Stable constitutional democracies can be embedded in two ways:
INTERNALLY: the specific relations of the different partial regimes of a democracy secures its normative and functional existence.
EXTERNALLY: these partial regimes areEMBEDDED IN SPHERES ENABLING CONDITIONS for democracy that protect it from outer as well as inner shocks and destabilizing tendencies.
Briefly explain the five partial regimes.
ELECTORAL REGIME: This is the expression of the sovereignty of the people, the participation of citizens and the equal weight of their votes is a need (universal active suffrage, universal passive right to vote, free and fair elections, elected representatives).
POLITICAL RIGHTS: They complete the vertical dimension of democracy and make the public arena an independent political sphere of action, where organizational and communicative power is developed (freedom of speech, of association, of demonstration).
CIVIL RIGHTS: They are central to the rule of law. The State is bound to its law and must act upon its prerogatives. There can be a norms control by an institutional organ.
Also, some rights are inherent to individuals and they are protected from the tyranny of the majority.
HORIZONTAL ACCOUNTABILITY AND DIVISION OF POWER: Elected authorities are controlled by autonomous institutions and may be pinned down to constitutionally defined lawful action. There is a separation of power and constitutional check and balances.
THE EFFECTIVE POWER TO GOVERN: The elected representatives are the ones that govern. The government and the parliament must possess sufficient decisions making authority.
What is a defective democracy ?
Democracy in which the partial regimes are no longer mutually embedded, the logic of a constitutional democracy becoming disrupted.
Exclusive democracy: One or more segment of the population does not have access to civil rights.
Domain democracy: Groups of interests take certain political domains out of hands of democratically elected representatives.
Illiberal democracy: Weak constitutional control, the principle of rule of law is damaged.
Be able to differentiate parliamentary and presidential regimes.
Voir le tableau.
How Duverger define “semi-presidentialism” ?
According to Duverger, a regime is semi-presidential when 3 criteria are fulfilled:
The President of the Republic is elected by universal suffrage.
He possesses quite considerable powers.
He has opposite him a Prime Minister and ministers who possess executive and governmental power and can stay in office only if the parliament does not show opposition to them.
What are the insitutions of federalism ?
A written constitution that is difficult to amend.
A bicameral legislature with a strong federal chamber to represent the constituent regions.
A supreme or constitutional court to protect the constitution though the power of judicial review.
Intergovernmental institutions and processes to facilitate collaboration in areas of shared jurisdiction.
Why is the written constitution so important in federal countries ?
It has a crucial function: Defining the DIVISION OF POWER between the NATIONAL level and the STATE level of governments.
The essence of federalism is TWO SPHERES OF GVT neither of which is sovereign but each of which has defined and limited powers.
It creates the national institutions of government with specified powers WHILE GUARANTEEING the continuing existence of subnational states or provinces with their powers.
Why it is so important that the constitution is difficult to amend ?
The purpose of having difficult-to-amend constitutions is TO PROTECT THE HIGHER LAW CHARACTER of the constitution that controls the other institutions of government.
How are judicial review and bicameralism related to federalism?
Federalists system must have two different chambers: one for to represent the people of the regions, one to represent the constituent regions.
There must be INTERGOVERNMENTAL INSTITUTIONS AND PROCESSES to facilitate collaboration in areas of SHARED jurisdiction. (ex: Budesrat)
What is federalism according to the minimalist definition?
Two levels of government rule the same land of people.
Each level has at least one area in which it is autonomous.
There is some guarantee of the autonomy of each government in its own sphere.
What is a unitary system ?
Central government has the final say of everything they want to.
Central government can, if it so chooses, delegate some of the power to regional authorities.
The authority which is given to regions and local entities can easily be taken back again.
What about Spain and federalism ?
Its Constitution defines it as “one and indivisible”.
17 autonomous communities with an asymetric level of decentralization of competences.
Asymetric federalism ?
It lacks a territorial chamber representing the 17 Autonomous Communities
The institutional framework of Spain is of a central state with the characteristic of having ceded some competencies to the regional level.
Spain opted for the “à la carte” method- but at the same time kept certain homogeneity in the governance system for those regions that either did not wish or need to have more autonomy.
The governance of Spain has been fragile and the lack of a proper senate or regional chamber has meant that all negotiations between regional governments and the Spanish government have had to take place on a bilateral basis and there has never been an open discussion between the regions as to how they would like to see the state organised.
Federalism is in Spain assumed to be one-time decision, this is federalism by union.
Spanish regions do not participate in constitutional reforms directly.
There is a lack of Federal Senate and a Noncooperative Federal System.
There is a low level of fiscal autonomy (not much control over revenue).
Explain : Single-member plurality, Alternative vote and 2RS.
Single-member plurality (FPTP: First-past-the-post): Voters simply make a mark, such as placing a cross, beside their choice of candidate, and the seat is then awarded to the candidate who receives most votes.
Alternative vote (AV): Voters can rank order the candidates.
Two-Round System (2RS): If no candidate wins a majority of votes in the 1st round, a second round takes place in which only certain candidates are permitted to proceed to the 2nd round, where whoever wins the most votes is the winner.
Explain PR.
The proportional representation (PR), which can be achieved by many different methods, has the aim of AWARDING TO EACH GROUP OF VOTERS ITS FAIR SHARE OF REPRESENTATION.
The idea is to allocate to each party the same share of the seats as it won of the votes.
The distribution of seats in parliament reflects the distribution of votes (disproportionality: degree of difference between these two distributions).
Why is disrict magnitude so important ?
It refers to the NUMBER OF LEGISLATIVE SEATS ASSIGNED TO A DISTRICT, ranging anywhere from the exclusive use of single-member districts to a system where the entire country functions as a single district.
District magnitude is the primary determinant of an electoral system’s ABILITY TO TRANSLATE VOTES CAST INTO SEATS WON proportionally.
The district magnitude IMPACT political parties, candidates, and campaigning.
- Small district magnitude make stronger links between individual candidates and their local constituencies.
- Large districts give a stronger proportionality, and when more persons are elected from one district, they are more likely to represent various points of view, so more voters will feel that their opinion is represented in the legislature.
District magnitude thus has an effect on the extent to which voters feel that their views are represented.